Tannu Singh and 4 Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Court No. - 13 Case :- APPLICATION U/S 482 No. - 11511 of 2024 Applicant :- Tannu Singh And 4 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Anu Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Sri Neeraj Singh, Advocate on behalf of opposite party no.2 is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State of U.P., learned counsel for the opposite party no. 2 and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Crl. Case No. 5411 of 2022 pending in the Court of Judicial Magistrate, Safipur, Unnao arising out of F.I.R. No. 191 of 2021, Police Station-Makhi, Unnao on the basis of condition no. 6-B (vi) and 6-E of settlement/compromise agreement dated 30.01.2023.

¶4It has been contended by learned counsel for the applicants that the dispute between the parties is matrimonial in nature. This court vide order dated 24.11.2022 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 30.01.2023 between the parties, it is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in para-6 of the settlement agreement dated 30.01.2023.

¶5Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

¶6In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further.

¶7Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 30.01.2023 before the Mediation and Conciliation Centre of this Court, the present application is allowed. The entire proceedings of Crl. Case No. 5411 of 2022 pending in the Court of Judicial Magistrate, Safipur, Unnao arising out of F.I.R. No. 191 of 2021, Police Station-Makhi, Unnao on the basis of condition no. 6-B (vi) and 6-E of settlement/compromise agreement dated 30.01.2023 are hereby quashed.

¶8Office is directed to communicate this order to trial court, forthwith. Order Date :- 19.12.2024 Arpan High Court of Judicature at Allahabad, Lucknow Bench